Anatomy of an Election: Canada's Federal General Election of 2019 Through the Lens of Political Law

Anatomy of an Election: Canada's Federal General Election of 2019 Through the Lens of Political Law


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Elections are the high point of democracy. They provide scheduled opportunities for the people at large to have a participatory voice in their own government. They enable adult citizens to judge those who have governed them recently, to select those whom they want to govern them in the near future, and to give renewed direction to their own country. Contrary to impressions generated by the media, it is a reality of democracy that elections are neither solely political events nor personality contests. In fact, elections are the ultimate blend of constitutionalism, politics, public law, and public policy. Anatomy of an Election takes a comprehensive and interdisciplinary look at Canada's 2019 federal election as an example of a democratic election. This book is unique in its explanation of elections and electioneering. It sets the scene by enumerating the foundational elements of Canada's electoral system, focusing on the constitutional principles, the legislation, and the major court judgments. It then traces the flow of political legal events since 2015 that have led to the forty-third general election. Most importantly, this text provides a day-by-day diary that records the most significant political and legal events throughout the campaign. Anatomy of an Election does not favour any party or candidate, and is designed to inform Canadian citizens about the electoral process and its fundamental importance in the public life of the country.

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Product Details

ISBN-13: 9781552215296
Publisher: Irwin Law
Publication date: 05/11/2020
Pages: 864
Product dimensions: 6.00(w) x 8.90(h) x 1.80(d)

Table of Contents

Foreword xi

Acknowledgements xv

Preface: The Canadian Electoral System in a Capsule xvii

Part 1 The 42nd Parliament as Prelude 1

1 The Place of an Election in the Comprehensive Political Law Cycle 3

2 Election-Related Promises Made in the 2015 Campaign by the Liberal Party, the Winner in the Election 5

3 Mandate of the Minister Dealing with Elections and Election Law 8

4 The Governing Program Set Out in the Speech from the Throne of December 4, 2015, as It Relates to Elections and Parliament 20

5 By-elections Conducted During the 42nd Parliament 23

6 Issues of General Interest in the Electoral Sphere, as Expressed in Legislation and Legislative Proposals of P-42 26

7 Work of the House of Commons Electoral %form Committee During P-42 36

8 Work of the House of Commons Procedure and House Affairs Committee Dealing with Election Matters During P-42 46

9 Work of the Senate Legal and Constitutional Affairs Committee During P-42 51

10 Extrinsic Influences on the 43rd Federal General Election 53

11 Mechanism of Coordination Between the Election Administration and the House of Commons 58

Part 2 The Campaign for the 43rd Federal General Election 63

12 Diary of Matters of Interest for the 42nd Parliament 65

13 Election Diary of the Pre-election Period 116

14 Election Diary from Dissolution to Nomination Day 238

15 Election Diary from Nomination Day to Election Eve 400

Part 3 The 43rd Federal General Election 517

16 Election Diary of Polling Day 519

Part 4 Election Results 527

17 Election Diary of Vote Tabulation, Validation, Media Calls, Victory, and Concession, Immediate Aftermath 529

18 International Observation of the 43rd Federal General Election 564

19 Judicial Recount 567

20 Election Contestation 570

21 Filing of Returns 571

22 Prosecution of Electoral Offences 574

23 Follow-Up to the Election 578

24 Reports by the Chief Electoral Officer and the Commissioner of Canada Elections 581

Part 5 Introduction to the 43rd Parliament of Canada 583

25 Formation of the Next Government of Canada 585

26 The 43rd Parliament: Establishment, Opening, and Legislative Program 619

Postscript: Lessons Learned 635

Appendices: The Political Law Bedrock of Democratic Electioneering 645

Appendix 1 Fundamental Principles as Evidenced by Constitutional Text, Statutory Provisions, and Conventions 647

Appendix 2 Fundamental Constitutional Texts, Statutes, and Subordinate Instruments 679

Appendix 3 Fundamental Jurisprudence 681

Appendix 4 Principal Public Officials Involved in the Electoral System 739

Bibliography 745

Detailed Table of Contents 749

Table of Cases 761

List of Statutes 765

Index 769

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